69 ARK.] GOODWIN V. PARNELL: .629 GOODWIN V. PARNELL. Opinion delivered November 16, -1901. AnverircEmENT — PRESUMPTION. - A voluntary conveyance of land by a father to his son will, in the absence of evidence to the contrary, be presumed to be an advancement. Appeal from Union Circuit Court. CHARLEs W. Slum, Judge. • Smead & Powell, for appellant.
630. GOODWIN V. PARNELL. [69 ARK. Money expended in the maintenance and education of a ;:1-fild is not deemed an advancement unless the same clearly appears io have been the parent's intention. 104 N. Y: 74; 80 Am. Dec.. 555; 12 L. R. A. 566; 1 Am. & Eng. Enc. Law (2d Ed.), no; 41 U. S. 769. Declarations of the purchaser before or at the time of the purchase may be shown as throwing light on the question of intent of the grantor. 169 U. S: 397; 1 Perry, Trusts, § 147; 2 Porn. Eq. Jur. § 1041; 45 Ark. 451; 40 Ark. 62; 12 Ark. 782; 1 Greenleaf, Ev. § 108. Deelarations reasonably connected with the execution only considered. 71 Ga. 544; 63 Ga. 705; 70 Am. Dec. 85; 76 N. Car. 445. An existing indebtedness from parent to child raises a presumption of an intention to pay, rather than an advancement. 66 N. Car. 345; 6 Rand. 176 ; 18Am.Dec. 710. Thornton Thornton, for appellee. SUirounding circumstances, as a part of res gestae, may always be shown. They must be contemporaneous with the Main fact, and illustrate its character. 1 Greenleaf, Ev. § 108., • BATTLE, J. Pearl Parnell instituted an action against Leon Goodwin, and alleged in her complaint therein, substantially, es
follows : That she and the defendant were the only childTen of
G. P. -Goodwin; that G. P. Goodwin died intestate on or about
the 25th day of July, 1895, and left them his only heirs his surviv.-tbat at the time of his death he was seized in fee shill* of
certain lands, amonnting to 800 acres, more or less; that G. P. Goodwin, in his life time, by deed of gift, conveyed to the defendant and to Knox Andrews, his step-son, each, an undivided half
interest in certain other -480 acres, 'described in her complaint;
that the undivided half interest was conveyed to the defendant as an advancement; which should be accounted for in the division of
his estate between hiS children after his death; and asked that
the -lands of the estate of their father be divided between them, and that the real estate conveyed to the defendant be charged
agidnOt hith ii 'the diVisiOn, and that land of equal value be allotted to het, and that the remainder be equally divided betWeen ,them.
"Defendant answered, admitting that he and the plaintiff were the only children and heirs at law a G. P. Goodwin, and that G. P. Goodwin, during his lifetime, had conveyed to him and Knox Andrews,. a step-son of deceased, each, a one-balf ntaliVided interest in the land described in plaintiff's bill, and that defendant was then the owner of said-one half undiVided ihiaest. 'He
69 ARK.] GOODWIN V. I)A,I1NELL. 631 denied that said transfer was intended as an advancement to him, to be accounted for in the final distribution of the estate, but stated that said conveyance was based upon a valuable consideration." The evidence adduced at the hearing, of the cause clearly proved that the land conveyed to the defendant was a gift, but was conflicting as to the intention of the grantor to convey it. as an advancement. The court, having heard the evidence, found that G. P. -Good-win died intestate, and left plaintiff and defendant his sole heirs; that at the time of his death he was the owner in fee simple :of certain lands described in the decree; that prior to his death he gave to the defendant an undivided half interest in certain other lands, also described in the decree, as an advancement; and that the lands so given were of the value of $1.25 per acre; and ordered and decreed "that the prayer of the petitioner be granted; as to the partition and division of the estate of G. P. Goodwin, deceased, between plaintiff and defendant, and that in the partition and division of the estate the defendant be required to place said undivided one-half interest, given him by his father, into said estate, or, in lieu thereof, at his election, to be charged with the same at the rate of $1.25 per acre," -and appointed commiasion--ers to carry the decree into effect; and the defendant appealed. The conveyance of land by Goodwin to his son, Leon Goodwin, being voluntary, in the absence of evidence to the .con--trary, is presumed to be an advancement, the presumption being that a parent intends "that all his children shall equally share in his , estate, not only in -what remains at his death, but equally in all that came from -him." The d.octrine of advahcement is invoked to effectuate this Mtention. 2 Woerner, Administration (2d Ed.), :§§ 552, 555,. and Cases cited. The preponderance of the evidence adduced at the hearing of this cause ststains : the presumption aB to the 'intention oi Goodwin es to the advancement. Decree affirmed.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.